what kind of lawyer do i need to sue car dealership

What Kind Of Lawyer Do I Need To Sue A Car Dealership. If you’re looking up how to sue a car dealership your first step should always be contacting the auto dealer fraud attorneys of allen stewart p.c. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle.

Full Answer

What can I do if a car dealer ripped me off?

File an official complaintIf you have concerns about false advertising, you can report the dealership to the Federal Trade Commission.If there was a problem with your contract or your loan terms, report the dealer to the consumer protection office in your state.More items...•

How can I get out of a car dealership contract?

How to Get Out of a Signed Contract for Buying a CarTalk to the Dealership. Talk to the manager at the dealership and explain why you cannot go through with the purchase. ... Check Your Vehicle Purchase Agreement. ... Look Into State Lemon Laws. ... Refuse the Car Delivery. ... Considering Other Options.

Can I sue a dealership for not giving me a title in Texas?

In short, yes, buyers can sue a dealership for not giving the title.

How do I sue a car dealership in Texas?

Filing a ComplaintFor the fastest processing of your complaint, go to the Motor Vehicle Dealer Online Complaint System.Following the directions, provide a copy of the sales contract and other documents you may have received from the dealer.More items...

Can I sell my car back to the dealership?

If you've leased the car, you're in a somewhat different situation. Obviously, you can't sell it. You can return the vehicle to the dealer, but if it's before the lease expires, you'll likely face some stiff early termination fees.

Can you backout of buying a car after signing papers?

There are very few instances in which you can back out of buying a car after signing the paperwork, whether it's new, used or leased. While the Federal Trade Commission does allow a 72-hour “cooling off period” for some types of purchases, it doesn't apply to vehicles in most cases.

Can a bank revoke a loan on a car after I signed the contract?

If you got your loan through the bank directly, it's rare to have your loan revoked after you've purchased your car. Banks may be able to revoke your car loan if your contract had language that protects the bank's right to do so.

Is title jumping a felony in Texas?

The fraudulent transfer of a motor vehicle is a state jail felony in Texas. If the value of the car fraudulently transferred is in excess of $20,000, you face a third degree felony charge. Under Section 12.34 of the Texas Penal Code, a third degree felony is punishable by imprisonment 2 – 10 years in prison.

What is the penalty for not transferring title within 30 days in Texas?

Failure to title within the 30 days results in an automatic $25 penalty, plus another $25 for each month the title is late. There are no waivers for these penalties, which means the (YOUR COUNTY) county tax office and the Texas Department of Motor Vehicles cannot reduce or forgive what you may owe.

Can I return a used car to a dealership in Texas?

Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier.

Can you return a used car if it has problems?

If you've purchased a new or used car and you're having second thoughts about it, in most cases, you won't be able to return the car. The dealer who sold you the car is usually not legally obligated to take the car back and issue you a refund or exchange after you've signed the sales contract.

How long do you have to return a car in Texas?

30 days, as long as you bought the car in Texas. The question of “how long can a mechanic keep my car” changes, however, if the situation doesn't involve defect-related repairs. Your mechanic has the right to keep your car and charge you for storage if you don't pay your bill.

Common types of small claims lawsuits against car dealerships

We often receive the question, can I sue a car dealership in small claims? The answer is yes as long as the dispute is for $10,000 or less (more on this below).

How much does it cost to sue a car dealership in small claims?

So how much are you going to spend by suing a car dealership in small claims court?

How much can you sue a car dealership for in small claims?

In California, you can sue a car dealership for a maximum of $10,000 if you are an individual. If you are a business suing a car dealership, you can sue for a maximum of $5,000. Note, if you are a sole proprietor, you count as an individual.

How to file a small claims lawsuit against a car dealership

In order to sue in California small claims, you need to be able to correctly name the person or business you are suing. Identifying whether the car dealership is doing business as an LLC or Corporation is very important. Alternatively, the business may be owned by a person, known as a "sole proprietorship."

What is a small claims court hearing like?

Small claims hearings in California small claims are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

What are the remedies for a car accident victim?

Some possible remedies that the victim may be entitled to collect on include: Surrendering the vehicle and getting a full refund of all payments made toward the purchase. Canceling any outstanding loan balances or obligations. Having court costs and attorney fees reimbursed.

What is lemon law?

While “ lemon laws ” cover the sale of defective vehicles, car dealer fraud laws are meant to protect consumers looking to purchase a car, truck, van, or motorcycle.

Can you sue an auto dealer for fraud?

If you believe you have been the victim of auto dealer fraud by way of misrepresentation, you may very well be able to file a lawsuit. Some states will require you to contact the dealer first to give them the opportunity to correct the matter or to speak with a state consumer protection agency.

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you return a car if you don't want to?

In some cases, if you don’t want to return your car and still have issues with the vehicle, our car dealership attorneys can help you keep your car and make the dealer pay for the repairs. These pre-existing damages that were not previously mentioned when buying the vehicle have a potential case for the dealer to repair at no cost to you.

Who pays legal fees in California?

Under the consumer laws in California, legal fees are usually paid by the dealership that breaks the law. Typically, when a case goes to trial, the legal fees are awarded by the court. If the case is dismissed or dropped, the client does not have to pay anything.

Do used cars have problems?

A salesman at the car dealership often tries to make buyers believe they got a deal, but in reality, used cars often have problems that buyers don’t know about. Many used car dealers sell cars with frame damage and defective engines. Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers ...

How to sue a car dealer?

To successfully sue a used car dealer, you must be able to prove that: 1 you suffered a financial loss (this is not hard if you had to pay for repairs), and 2 the dealer is legally responsible for your damages.

What happens if a car breaks after you take it out of the lot?

Argue fraud. If the car broke almost immediately after you took it out of the used car lot, you can file in small claims court and argue that you were defrauded.

Do used car dealers have a good reputation?

Unlike new vehicle dealers, who are usually somewhat dependent upon their reputation in the community for honesty, a fair percentage of used vehicle dealers don't have a good reputation to start with and survive by becoming experts at self-protection. The principal self-protection device employed by used vehicle dealers is ...

Can you sue a used car dealer?

To successfully sue a used car dealer, you must be able to prove that: you suffered a financial loss (this is not hard if you had to pay for repairs), and. the dealer is legally responsible for your damages. This second point is often harder to prove. Almost surely, the used car dealer will testify that he or she had no way ...